Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 22725 

NPRM proposed to change current 

regulations so that Burlington Northern 

Railroad, the owner of the Chambers 

Creek Bridge, would only have been 

required to raise the draw of the bridge 

between 3:30 p.m. and 7 a.m. everyday 

if at least two hours of notice is 

provided. At all other times the draw 

would have been required to be raised 

on signal. 

Withdrawal 

The NPRM is being withdrawn 

because of multiple objections to the 

change from users of the waterway in 

question and, in particular, the clients 

of the marina upstream of the Chambers 

Creek Bridge. The primary point of 

objection was that 3:30 p.m. was too 

early in the day, especially in summer 

boating season, to require a two-hour 

notice. This would pertain mostly to 

vessels returning to moorage at the end 

of a day of boating. 

The Coast Guard received a total of 17 

written responses. At least seven boaters 

suggested that a two-hour notice outside 

daylight hours would be feasible or a 

seasonal change outside the peak 

boating season. A dozen respondents 

pointed out that the draw records cited 

in the NPRM did not cover the peak 

summer months of boating. These 

records were no longer available from 

the bridge owner. Seven responses also 

noted that boaters often group together 

for a single draw opening thereby 

reducing the number of openings that 

otherwise would have been tallied for 

single-vessel passages. Additionally, 

several comments noted that tide 

elevations are a significant factor at 

Chambers Creek. Many lower tides stop 

boat traffic altogether and would fail to 

coincide favorably with the proposed 

hours. 

No less than eleven responses cited 

numerous failures of the bridge owner 

to operate according to the existing 

regulations. The chief violations were 

reported as the absence of drawtenders 

and unreasonable delays to openings. At 

least two boat owners observed that cell 

phone coverage is not adequate for 

telephone contact by vessels returning 

to moorage from popular boating 

locations in Puget Sound that are two 

hours travel time from the marina. 

Several comments were concerned with 

delayed access of fireboats in the event 

of a marina fire. 

Authority 

This action is taken under the 

authority of 33 U.S.C. 499; 33 CFR 1.05– 

1; Department of Homeland Security 

Delegation No. 0170.1. 

Dated: April 8, 2010. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–10076 Filed 4–29–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

Western Interior Alaska Federal 

Subsistence Regional Advisory 

Council Meeting 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Notice of meeting 

(teleconference). 

SUMMARY: This document informs the 

public that the Western Interior Alaska 

Federal Subsistence Regional Advisory 

Council will hold a public meeting by 

teleconference on May 14, 2010. The 

public is invited to participate and to 

provide oral testimony. 

DATES: May 14, 2010, at 11 a.m. For how 

to participate, please see 

SUPPLEMENTARY INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management, 1011 East 

Tudor Road, Anchorage, AK 99503, 

(907) 786–3888, or via e-mail at 

subsistence@fws.gov. For questions 

specific to National Forest System 

lands, please contact Steve Kessler, 

Subsistence Program Leader, USDA, 

Forest Service, 3301 C Street, Suite 202, 

Anchorage, AK 99503, (907) 743–9461, 

or via e-mail at skessler@fs.fed.us. 

SUPPLEMENTARY INFORMATION: Under 

section 10(a)(2) of the Federal Advisory 

Committee Act (5 U.S.C. App.), this 

document announces a meeting of the 

Western Interior Alaska Federal 

Subsistence Regional Advisory Council. 

The Council will meet to discuss and 

form recommendations on fish and 

wildlife issues. This meeting is a followup to the Council’s February 24–25, 

2010, meeting. Completion of the 

agenda is dependent on the amount of 

time each item takes. 

No preregistration is required and the 

public is invited to provide testimony. 

To participate, call toll free 1–877–931– 

8150; the passcode is 3168014. 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 2010–10136 Filed 4–29–10; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

POSTAL SERVICE 

39 CFR Part 111 

Express Mail Next Day Delivery 

Postage Refund Amendment 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

proposing to revise the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM®) 

114.2, 414.3, and 604.9, to state the 

conditions for Express Mail® Next Day 

Delivery postage refunds when 

shipments are mailed each year during 

the time period of December 22 through 

December 25. 

DATES: We must receive your comments 

on or before June 1, 2010. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza, SW., 11th 

Floor N, Washington, DC, between 9 

a.m. and 4 p.m., Monday through 

Friday. E-mail comments concerning the 

proposed rule, containing the name and 

address of the commenter, may be sent 

to: MailingStandards@usps.gov, with a 

subject line of ‘‘Express Mail Refunds.’’ 

Faxed comments are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Karen Key (202) 268–7492 or Carol A. 

Lunkins (202) 268–7262. 

SUPPLEMENTARY INFORMATION: During the 

time period of December 22 through 

December 25, air transportation is 

subject to delay or cancellation. 

Express Mail Next Day Delivery 

Postage refunds will not be available 

for items mailed from December 22 

through December 25 for Express Mail 

Next Day Delivery when those items are 

made available for pickup at the 

destination office, attempted for 

delivery, or delivered within two 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
22726 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 

business days. This proposed revision is 

consistent with industry standards. 

However, Express Mail Next Day 

Delivery postage refunds will be 

authorized when items are not available 

for customer pickup at the destination 

office, or delivery to the addressee was 

not attempted within two business days. 

These refunds are subject to the 

standards for this service, unless the 

delay was caused by one of the 

situations in DMM 114.2.1, Postage Not 

Refunded, or DMM 414.3.0, Postage 

Refunds. Next Day Delivery may not be 

available at all times of deposit or 

between all Post OfficeTM facilities. 

Express Mail Second Day Delivery 

During the time period of December 

22 through December 25, postage 

refunds for Express Mail Second Day 

Delivery shipments will be available for 

items not available for customer pickup 

at the destination office, or for which 

delivery to the addressee was not 

attempted on the second business day. 

These refunds are subject to the 

standards for this service, unless the 

delay was caused by one of the 

situations in DMM 114.2.1, Postage Not 

Refunded, or DMM 414.3.0, Postage 

Refunds. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C 

of 553 (b), (c)] regarding proposed 

rulemaking by 39 U.S.C. 410(a), we 

invite public comments on the 

following proposed revisions to Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR Part 

111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR Part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED] 

1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

100 Retail Letters, Cards, Flats, and 

Parcels 

* * * * * 

110 Express Mail 

* * * * * 

114 Postage Payment Methods 

* * * * * 

2.0 Postage Refunds 

[Delete the heading of 2.1 in its entirety 

and incorporate the introductory 

paragraph and remaining text into 2.0 

as follows:] 

Postage refunds may not be available 

if delivery was attempted within the 

times required for the specific service, 

or for any of the following reasons: 

[Revise items a, b, and c of former 2.1, 

and add new items d through h as 

follows:] 

a. The item was properly detained for 

law enforcement purposes. 

b. The item was delayed due to strike 

or work stoppage. 

c. The item was delayed because of an 

incorrect ZIP Code or address; 

forwarding or return service was 

provided after the item was made 

available for claim. 

d. The shipment is available for 

delivery, but the addressee made a 

written request (i.e. Hold Mail request), 

that the shipment be held for a specific 

day(s). 

e. The delivery employee discovers 

that the shipment is undeliverable as 

addressed before leaving on the delivery 

route. 

f. If authorized by USPS 

Headquarters, and the delay was caused 

by governmental action beyond the 

control of USPS or air carriers; war, 

insurrection, or civil disturbance; delay 

or cancellation of flights; projected or 

scheduled transportation delays; 

breakdown of a substantial portion of 

USPS transportation network resulting 

from events or factors outside the 

control of USPS; or acts of God. 

g. The shipment contained live 

animals and was delivered or delivery 

was attempted within three days of the 

date of mailing. 

h. The Express Mail Next Day 

shipment was mailed December 22 

through December 25 and was delivered 

or delivery was attempted within two 

business days of the date of mailing. 

* * * * * 

400 Commercial Parcels 

* * * * * 

410 Express Mail 

* * * * * 

414 Postage Payment and 

Documentation 

* * * * * 

3.0 Postage Refunds 

Postage refunds may not be available 

if delivery was attempted within the 

times required for the specific service, 

or for any of the following reasons: 

[Revise items a, b, c of 3.0, and add new 

items ‘‘d through h’’ as follows:] 

a. The item was properly detained for 

law enforcement purposes. 

b. The item was delayed due to strike 

or work stoppage. 

c. The item was delayed because of an 

incorrect ZIP Code or address; 

forwarding or return service was 

provided after the item was made 

available for claim. 

d. The shipment is available for 

delivery, but the addressee made a 

written request (i.e. Hold Mail request), 

that the shipment be held for a specific 

day(s). 

e. The delivery employee discovers 

that the shipment is undeliverable as 

addressed before leaving on the delivery 

route. 

f. If authorized by USPS 

Headquarters, and the delay was caused 

by governmental action beyond the 

control of USPS or air carriers; war, 

insurrection, or civil disturbance; delay 

or cancellation of flights; projected or 

scheduled transportation delays; 

breakdown of a substantial portion of 

USPS transportation network resulting 

from events or factors outside the 

control of USPS; or acts of God. 

g. The shipment contained live 

animals and was delivered or delivery 

was attempted within three days of the 

date of mailing. 

h. The Express Mail Next Day 

shipment was mailed December 22 

through December 25 and was delivered 

or delivery was attempted within two 

business days of the date of mailing. 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods 

* * * * * 

9.0 Refunds and Exchanges 

* * * * * 

9.5 Express Mail Postage Refund 

* * * * * 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 22727 

9.5.2 Conditions for Refund 

[Revise the introductory paragraph of 

9.5.2 as follows:] 

A refund request must be made 

within 90 days after the date of mailing. 

Except as provided in 114.2.1 and 

414.3.1, a mailer may file for a postage 

refund only under one of the following 

circumstances: 

* * * * * 

9.5.3 Refunds Not Given 

[Revise 9.5.3 as follows:] 

A postage refund will not be given if 

the guaranteed service was not provided 

due to any of the circumstances in 

114.2.1 and 414.3.1. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 if our 

proposal is adopted. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–10028 Filed 4–29–10; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211 and 252 

RIN 0750–AG55 

Defense Federal Acquisition 

Regulation Supplement; GovernmentAssigned Serial Number Marking 

(DFARS Case 2008–D047) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD proposes to amend the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to require 

contractors to apply Governmentassigned serial numbers in humanreadable format on major end items, 

when required by law, regulation, or 

military operational necessity. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before June 

29, 2010, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D047, 

using any of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D047 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Ms. Mary Overstreet, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, 703–602–0311. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD proposes to amend the DFARS 

211.274 to require contractors to apply 

Government-assigned serial numbers, 

such as tail numbers/hull numbers and 

equipment registration, in humanreadable format on major end items, 

when required by law, regulation, or 

military operational necessity. The rule 

establishes a standard DoD method of 

specifying Government-assigned serial 

numbers contractually, and requires the 

contractor to associate these serial 

numbers with the Unique Item Identifier 

(UII) assigned by the contractor and to 

register them in the DoD Item Unique 

Identification (IUID) Registry along with 

the UII. The rule also requires 

agreement between the Government and 

contractor prior to use of the serial 

numbers in constructing the end item 

UII. 

Application of these Government 

serial numbers is a standard practice 

because crew members and 

maintenance technicians have to 

distinguish visually individual end 

items during operations. The serial 

numbers are applied at minimal cost 

typically by painting them on an 

exterior surface with a stencil resulting 

in a human-readable format. The rule 

eliminates any ambiguity between the 

UII and the use of the Governmentassigned serial number. 

The rule also proposes a new clause, 

Use of Government-Assigned Serial 

Numbers, in solicitations and contracts 

that contain the clause at 252.211–7003, 

Item Identification and Valuation, and 

that require the contractor to mark major 

end items under the terms and 

conditions of the contract. The 

Government-assigned method of 

serialization outlined in this proposed 

rule allows the Government to use its 

internal serialization as a data key to 

existing DoD property management, 

logistics, and maintenance systems. 

This regulatory action was subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

B. Regulatory Flexibility Act 

DoD has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

This proposed rule is not expected to 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because any start-up costs that 

contractors will incur to comply with 

the rule are expected to be minimal, and 

should be offset by the reduced 

administrative costs that are expected to 

result from implementation of this rule. 

The objective of the rule is to improve 

the accountability and control of DoD 

assets. The proposed clause at 252.211– 

70XX, Use of Government-Assigned 

Serial Numbers, requires the Contractor 

to mark the Government-assigned serial 

numbers on those major end items as 

specified by line item in the Schedule, 

in accordance with the technical 

instructions for the placement and 

method of application identified in the 

terms and conditions of the contract, 

and to register the Government-assigned 

serial number along with the major end 

item’s UII at the time of delivery in 

accordance with the provisions of the 

clause at DFARS 252.211–7003(d). 

Since DoD requires that the use of 

Government-assigned serial numbers be 

limited to satisfy requirements of law or 

regulation, or to facilitate the 

identification of major end items 

consistent with military operational 

requirements, e.g., aircraft tail numbers 

or ship hull numbers in military 

operations, the number of small entities 

impacted by this rule is not expected to 

be substantial. At this time, DoD is 

unable to estimate the number of small 

entities to which this rule will apply. 

Therefore, DoD invites comments from 

small business and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2008–D047) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

rule does not impose additional 

information collection requirements that 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1